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Is it legal for my boss to threaten my job and curse at me?

Bakersfield, CA |

Our CEO is renowned for being a loose cannon - his attitude and personality are near bi-polar. Today he threw a paper at me and told me "I can f*** his wife, I can f*** his girlfriend, and I can f*** him but never f*ck my business." His use of physical action (throwing a paper at me) and screaming were uncalled for. I have been fired/rehired previously over a similar tiny issue. This was regarding a single typo in a client-facing document. His unusual behavior is fueled by a tumultuous divorce in which he stands to lose half of his company. I was hired by his soon-to-be ex-wife. This may be retaliation for a request to work remotely up to 40% of the time - a proposal that didn't go so well. Does this qualify as harassment and am I able to proceed with this as a harassment suit?

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Attorney answers 3


You are playing with fire if you are having an affair with the boss' wife.



No affair - he was using it as an analogy, I suppose. I'm happily married with kids - no affair whatsoever.


The conduct you describe is not based on bias against you for a protected classification (race, age, religion, etc.) nor for protected activity by you (filing a worker's comp claim, reporting unlawful discrimination, etc.) and for that reason this abusive conduct is not within the definition of unlawful employer conduct.

You may want to simply move to different employment.

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I agree that a discrimination claim would be hard to prove in your case. If this has caused you a great deal of stress which has manifested into a physical or mental injuries, a workers compensation claim may be the appropriate remedy.

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